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1987 Supreme(Bom) 362

M.P.KANIA
B. S. Mahajan since deceased by his heirs and legal representatives – Appellant
Versus
Chapsey R. Mistry – Respondent


JUDGMENT - M.P. KENIA, J.:---This is a writ petition under Article 227 of the Constitution of India seeking to quash and set aside the judgment and decree passed on the 21st of October, 1985 by the Appellate Bench of the Court of Small Cause at Bombay in Appeal No. 30 of 1079. The brief facts leading up to the present petition may be stated as under :---

2. One Shamrao Mahajan was the owner of the property known as 'Sita Niwas' at Vallabhbhai Patel Road, Vile Parle (West), Bombay 400 056. He was on friendly terms with one Raisi Mistry and Sometime in the year 1941, the said Shamrao created a tenancy in respect of a two-room premises on the northern side, on the ground floor in the aforesaid building Sita Niwas, the exact date not being known to any of the parties. The exact purpose for which the suit premises was let out has not clearly been established but it appears that the same was let out for the purpose of office-cum-godown as will appear herein below. The said Shamrao Mahajan passed away on the 23rd August, 1961 and the said Raisi Mistry to whom the suit premises had been let out also passed away in the year 1963. It seems that in the month of August 1963, t




































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